On Wednesday, Ed Hoeg, Melvin's defense attorney, filed a motion to reduce the three counts of providing false information to a law enforcement officer from third-degree felonies to first-degree misdemeanors, which may have lowered his $151,000 bond.

The judge denied the motion.

"The only trauma they have on the baby is after it died. We don't know how the baby died," said Hoeg.

Hoeg also filed a second motion to dismiss those three charges. The judge scheduled a hearing for March 22 regarding the two motions.

Those remains were sent to the University of Texas, where DNA tests results are expected back in two to three weeks.

"This charge, currently as it's charged now, we anticipate it being a homicide," said prosecutor Sheila Alu. "DNA is out right now waiting for the DNA to come back to prove the fact that this baby is Dontrell."

"That doesn't prove a murder," said Hoeg. "If you read the statute, we had two motions to dismiss -- one is based on the fact that he's the one who gave the information to police. He's the one, if he did make any contradictory statements, he came clean. He told the truth. That's why they have a case -- because of Calvin Melvin."

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